Speech that comments, rules on, challenges or opposes an application or permission by the government is protected. Only suits brought by the aggrieved applicant or permittee are covered by the anti-SLAPP law.

N.Y. C.P.L.R. 70-a provides for a SLAPPBack. It allows a SLAPP defendant to recover costs and attorney’s fees upon a demonstration that the SLAPP was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law. Other compensatory damages may only be recovered upon an additional demonstration that the SLAPP was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights. Punitive damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the sole purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights.

This amendment to the New York code of civil procedure prohibits a state court from recognizing a foreign defamation judgment unless the New York court determines that the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by both the United States and New York constitutions.

A Manhattan woman posted a bad review of a local doctor online, and has spent close to $20,000 fighting the million-dollar lawsuit the doctor filed against her. The doctor accused her of defamation, libel, and causing emotional distress.

The Russian whistleblower who revealed a widespread system of doping in the country is seeking to dismiss a lawsuit filed against him by Brooklyn Nets owner Mikhail Prokhorov and three Russian biathletes. The whistleblower filed a countersuit under New York’s anti-SLAPP law.

PPP Policy Director Evan Mascagni published an Op-Ed in the Albany Times Union advocating for stronger anti-SLAPP legislation in New York:

"New York is often regarded as the media capital of the world, but in our state, opinions expressed through traditional media outlets, blogs, social media and consumer review websites are not always protected from those who disagree with them."

To stop consumer gag clauses and other practices known as strategic lawsuits against public participation, or SLAPP suits, state and federal legislators are moving toward laws specifically spelling out consumers’ rights to post negative, fact-based reviews.

In 1998, Professor Kate Bronfenbrenner, director of labor education research at Cornell University, was sued for defamation by nursing home company Beverly Enterprises, Inc. over testimony she gave at a congressional town hall meeting.

In 2002, Meena Chandok, a scientist under Daniel Klessig at Boyce Thompson Institute (BTI) at Cornell, made exciting discoveries about nitric oxide synthase activity in a plant protein. The findings were published with Klessig in Cell a scientific journal.